Christian Marriage Laws

Generally, conflict of laws is a term that relates to private international law. Typically, it comes into discussion when the laws of two countries clash on the basis of classification. This is most apparent when a married couple decide to end their marriage and seek matrimonial reliefs in a court of law.

Dowry is a much dreaded word in India because it is as real as a lot of other unpleasant social evils in the country such as female foeticide.  The social norms and pressures in India tilt the marriage scenario in favor of the bridegroom's family. Right from the time a daughter is born, the parents begin planning and saving for marriage.

English law applies the ‘caveat emptor’ maxim in case of a marriage. Based on this notion, a marriage cannot be avoided either by simple fraud or mistake. Mere concealment or even over projection of facts between the parties cannot invalidate a marriage.

Who is a Christian?

Section 3 of the Indian Christian Marriage Act 1872, defines a Christian as one who professes the Christian religion.

Takeaway Tip: Christians who are not baptized are also considered as Christians under this Act. Baptism is not a necessary condition to prove that a person is a Christian.

In the Indian legal system, canon law is respected as a body of rules and regulations but it does not have any supremacy over the law of the land nor is it considered subservient to the prevailing civil laws in the country.

Indian Laws: Who is eligible to marry under Canon Law?

Indian laws for Christians recognize the importance of canon laws. Canon 1958 lays down that all persons who are not prohibited by law can contract marriage. Canon 1066, 1067 and 1069 state that a pastor who assists at a marriage must find out whether there is any obstacle to the celebration of the marriage.

Matrimony is a word that originates from the Latin word ‘Mater’ which means ‘mother.’  Marriage originates from the Latin word ‘maritare’ which means ‘to wed, marry, and give in marriage.’ This treats marriage as a sacred alliance that a couple enter into so as to support each other and stay together throughout their life.

The Catholics believe that a marriage is forever. This discussion helps you understand the reasons for this belief.Throughout the world, the Catholic Church does not allow divorce. The subject of divorce and the Catholic Church has always been a delicate one. A non-Catholic who wants to marry a Catholic may not be aware of this but it is important to know the implications. The Catholic Church has stringent rulings about divorce, separation, the children’s beliefs and religious upbringing. We also know that the Catholic Church does not bend the rules just because we demand it.

For Indian Christians, the Indian Christian Marriage Act 1889 governs the solemnization of marriage. The Act is comprehensive and considered to be quite secular in its provisions.